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(영문) 서울중앙지방법원 2017.06.14 2016가합543773

부당이득반환

Text

1. The Defendant’s KRW 597,900,000 as well as the Plaintiff’s annual rate of 5% from March 9, 2017 to June 14, 2017.

Reasons

1. Basic facts

A. The Plaintiff’s trade name was changed from “E Co., Ltd.” to “A Co., Ltd.” on March 18, 2015. The Plaintiff’s business of building and selling apartment houses according to an urban development project in Pyeongtaek-si C Co., Ltd. (hereinafter “instant business”).

The Defendant is a company that implements the instant real estate. From around 1976 to around 1976, the land (total area of 7,838 square meters) and the building on the ground (hereinafter “instant real estate”).

(i) is a person holding the special agreement;

1. The transfer tax shall be borne by the purchaser and shall be exchanged for the documents and transfer income tax when the balance is transferred; and

2. The FF site is about 5,00 square meters to the seller at the time of the seller's request.

Provided, That the interest rate shall be calculated by December 31, 2008 and the land cost shall be paid according to the average amount of the entire site of Fdong after receiving the land cost.

3. All subsequent taxes shall be borne by the buyer.

2) On December 17, 2008, the Plaintiff purchased the instant real estate from the Defendant for KRW 9.3 billion, and paid the down payment of KRW 930 million on the date of the contract, and the balance of KRW 8.377 billion on the date of the contract, respectively, on December 31, 2008. The Plaintiff stipulated a special agreement with the Defendant on the following terms and conditions (hereinafter “instant sales contract”).

(B) On the date of the contract, the Defendant paid the said down payment amount of KRW 930 million to the Defendant. (B) The Defendant agreed to extend the remainder payment date on December 31, 2008, which is the remainder payment date, and continued to extend the payment date by December 20, 2015 for reasons of delay in the Plaintiff’s business progress, including the agreement to extend the remainder payment date for one year around December 31, 2008. The Defendant sent to the Plaintiff a proof of the content that he would cancel the instant sales contract if he did not pay the remainder to the Plaintiff by December 20, 2015.